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2023 Supreme(Online)(KER) 22321

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MOHAMMED SHAREEF – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
NIREESH MATHEW

ORDER

The petitioner states that he is the registered owner of a car bearing registration No.KL-46/R-8171. The aforesaid vehicle was involved in Crime No.13 of 2022 of the Mannarkad Excise Range Office. He has approached this Court being aggrieved by Annexure-2 order passed by the learned Magistrate dismissing the application for interim custody filed by the petitioner which order stands confirmed by Annexure-3 order passed by the Sessions Court in Revision.

2. Prosecution allegation in the aforesaid crime is that the accused, 2 in number, were found in possession and were transporting 10 gm of dried ganja in the car. The accused were arrested, the contraband was seized, and the aforesaid crime was registered under Section 20 (b)(ii)(A) and 27(a) of the NDPS Act.

3. Contending that the petitioner is the registered owner of the vehicle and that he has not been arrayed as accused, and also that the contraband was transported without his knowledge or connivance, he filed an application for interim custody before the learned Magistrate under Section 451 of the Cr.P.C. The learned Magistrate, relying on the law laid down in Shajahan v. Inspector of Excise and Others ( 2019(5) KHC 401 ),

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